b'RCALegalUpdate State ofApproves Kansas MRCA Warranty Form LastJanuary,theStateofderandseveralotherbidderslitigationthe low bidder and by Kansas invited bids to replace theincluded in their bid submittals ofoth because of corresponers and roofon a University of Kansastheabove-referencedwarrantydence from various parties includSchool of Medicine Building inform. Thewas included ining MRCA, the State, on March form Wichita,the bid submittals as aof24, 1998, issued Addendum No. 3 Kansas.means The portion of the bid docu informing the project owner that ifwhich advised all bidders that the ments dealing with the warrantythe bidder were to be awarded thetwo year standard warranty of the would required of the successful biddercontract for the project, itMRCA, or equal, was approved for is provided as follows:furnish to the project owner, uponuse on the medical school project. completionof thecontract,theForm1994A,andthe other 1.09 WARRANTYcompleted warrantyin con forms developed by the Business form Form 1994A,1. It is the expressed condition offormity with and in satisfaction ofManagementCommitteeof this Contract that the Contrac subpart1.09 ofthebiddocu MRCA\'s Board of Directors, with and the othertor shall be responsible for thements.the assistance of MRCA\'s legal repairs of leaks in the roofingAfter the contractors\' bids werecounsel, are intended to provide forms developedsystemandtherepairorreceived,theS ofKansasassistance to you in the conduct tate by the Businessreplacement of defects in theinformed thelow bidder thatitof your b Therding of usiness.woroofing system attributable tointended to reject its bid, u itthe various forms, such as pa nlessraManagementordinary wear and tear or defi would withdraw F graph12ofForm1994A,horm 1994A froma~ Committee ofconciencies in materials or work its bid submittal. The State\'s beencarefully consideredand manship for aof two (2)cern related to wording in para- drafted to fairlyyour periodstateresponMRCA\'s Board ofyears following written accep graph12ofsibilities to your customers, and tance of the con- thewarrantyto limit yourwhere approDirectors, with thetracted work.form exclud priate.liability assistance ofMRCA\'s2. Such repair oring inciden The forms are recommended to replacementtalorcon you and all other member firms of legal counsel, areshallinclude,sequentialMRCA foruse (or non-use) as intended to providebutnotlimiteddamages.each of you deems appropriate. to:splits,blis TheStateMRCA has not copyrighted any of assistance to you inters, fishmouth of Kansasthe forms. Accordingly, you are s, the conduct ofwrinkles,slip- appar freetoreproduce the formson yourpageandmetal-~cCJi,e nI yyour own letterhead and stationery ~:::- t work. T roofing-:~:~does notif d and to makewordbusiness.heesired,any systemshal~~car r ying chang deletions, etc. you Ies, includeallmem- ~"ins u r wish. Your use of the formsis branes, roof insula anee on1 voluntary. 00% tion, base flashingitsShould you have any questions andrelatedsheetbuildings, or at least theconcerning any of theor med- forms, metal work.icalschoolbuildingbeingre shouldyoudesiretoobtain 3. Upon notice of roofing leaks orroofed, and was presumably look copies of the forms, please call defects,theContractor shingtopassliabilityontotheMRCA\'s o . al Ifficepromptly inspectdefectivecontractorforanydamagesto the areasandmakenecessaryb ing contents, such as expenuildrepairs,includinglabor andsive MRI machines, etc., during materials, at his own expense.the re-roofing operation. The low bidder, nexi low bid- Perhaps because of threatened'